This property hosted industrial metal recycling and processing operations from at least the early 1940s through 2015, with building permits dating to 1941 and aerial photographs confirming vehicle processing activity throughout the 1950s and 1960s. Investigations have confirmed polychlorinated biphenyls (PCBs), chlorinated solvents including tetrachloroethylene (PCE) and trichloroethylene (TCE), and petroleum hydrocarbons across the site, with vinyl chloride exceeding Wisconsin NR 140 enforcement standards at eight monitoring well locations and two separate chlorinated volatile organic compound plumes identified in groundwater. The site is an active Wisconsin DNR Environmental Remediation Program case with ongoing investigation and remediation obligations. That history could support an insurance coverage claim against the carriers who issued policies more than 40 years ago — coverage that could help fund the cleanup ahead.
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Wisconsin — and those policies may provide coverage that remains enforceable today. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.
Industrial operations at this property began more than four decades before 1986, with contamination from metal recycling, solvent use, and petroleum storage spanning a lengthy period of pre-1986 activity. The extensive groundwater investigation, monitoring well network, and remediation work required to address two separate contaminant plumes and meet NR 140 standards represent substantial future costs that those historical pre-1986 carriers may be obligated to fund.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.